§ 2. Crimes

Section 5

2. Anyone who commits, in the case of an international armed conflict, one of the grave breaches of the Additional Protocol (I), concluded in Bern on 12 December 1977, to the Geneva Conventions of 12 August 1949, relating to the protection of victims of international armed conflicts (Netherlands Treaty Series 1980, 87), namely:

(c) the following acts, when they are committed intentionally and in violation of the relevant provisions of Additional Protocol (I) and cause death or serious injury to body or health:
(iv) making non-defended localities or demilitarised zones the object of attack;

§ 2. Crimes
Section 5
5. Anyone who, in the case of an international armed conflict, commits one of the following acts:
(c) attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
shall be liable to a term of imprisonment not exceeding fifteen years or a fifth category fine.

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(b) Other serious violations of the laws and customs applicable in international armed
conflict, within the established framework of international law, namely, any of the following acts:
(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or
buildings which are undefended and which are not military objectives

This provision follows the ICC Statute.

The International Crimes Act 2003 has two provisions dealing with attacks against non military objectives; Sections 5(2)(c) and 5(5)(c). Section 5(5)(c) adopts the wording of the Rome Statute. Section 5(2)(c) refers more generally to non-defended localities and de-militarized zones, reflecting the wording of Additional Protocol I (Articles 59 and 60). Reference is also made to 'works or installations containing dangerous forces' in the latter provision, again adopting the wording of Additional Protocol I (Article 56). The provision requires that the prohibited act causes death or serious injury to body or health; a requirement which is not foreseen by the Rome Statute or the Elements of Crimes.